Date Item Type Item Description Info Location County City Meeting Type id
October 01, 2024 Closed Session Item 1 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (3 cases) October 01, 2024 Closed Session Item # 1 Orange County Tustin City Council 670206ded01f60d85c524b7a
October 01, 2024 Closed Session Item 2 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) October 01, 2024 Closed Session Item # 2 Orange County Tustin City Council 670206ded01f60d85c524b7d
October 01, 2024 Closed Session Item 3 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by the Navy and the release of hazardous materials therefrom October 01, 2024 Closed Session Item # 3 Orange County Tustin City Council 670206ded01f60d85c524b7e
October 01, 2024 Closed Session Item 4 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. Mejia/De Garay v Tustin, Case No. 8:24-cv-0073 MRA ADS October 01, 2024 Closed Session Item # 4 Orange County Tustin City Council 670206ded01f60d85c524b76
October 01, 2024 Closed Session Item 5 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Government Code § 54956.8: (1 case) A. Property Address/Description: APN 430-481-02, 430- 481-03, 430-481-04, 430-481-05 Agency: City of Tustin City Negotiators: Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager; and Jerry Craig, Deputy Director of Economic Development Negotiating Parties: Irvine Company Under Negotiation: Price and Terms of Payment October 01, 2024 Closed Session Item # 5 Orange County Tustin City Council 670206ded01f60d85c524b77
October 01, 2024 Item 10 10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE OLD TOWN IMPROVEMENTS PROJECT The plans and specifications for the Old Town Improvements Project, Capital Improvement Project No. 70254, have been completed and approved by the City Engineer. Recommendation:  It is recommended that the City Council: 1. Adopt Resolution No. 24-64 approving the plans and specifications for the Old Town Improvements project (CIP No. 70254); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 24-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE OLD TOWN IMPROVEMENTS PROJECT, CIP NO. 70254 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: Sufficient funds have been budgeted and appropriated in this Fiscal Year 2024-2025 Capital Improvement Program for the Old Town Improvements project. The engineer's estimate for the Old Town Improvements project is $3,787,892. The project is funded through a combination of Community Development Block Grant funds (Fund 120) and Land Sale Proceeds funds (Fund 189). October 01, 2024 Item # 10 Orange County Tustin City Council 670206ded01f60d85c524b79
October 01, 2024 Item 11 11. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE FISCAL YEAR 2023-2024 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 5  Construction of the Fiscal Year 2023-2024 Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 5, Capital Improvement Project No. 70023 has been completed to the satisfaction of the City Engineer and is now ready for City Council Acceptance. Recommendation:  It is recommended that the City Council: 1. Adopt Resolution No. 24-66 accepting the improvement of the Fiscal Year 2023-2024 Annual Roadway Rehabilitation and Sidewalk Repair Project, Capital Improvement Project No. 70023; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 24-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FISCAL YEAR 2023-2024 ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 5 (CIP NO. 70023) October 01, 2024 Item # 11 Orange County Tustin City Council 670206ded01f60d85c524b7b
October 01, 2024 Item 12 12. INTRODUCTION OF ORDINANCE NO. 1552 REGARDING THE CITY PURCHASING SYSTEM At the September 17, 2024 meeting, the Council received a presentation of the options for potential amendments to the City’s Purchasing Policy and Procedures, as outlined in the Tustin City Code sections 1621-1630. The Council discussed the options and provided direction to staff. This report, incorporating the Council’s directions, presents the proposed updates to the City’s Purchasing System as codified in the Tustin City Code. Recommendation: That the City Council introduce Ordinance No. 1552 in the form attached as Attachment 1 for first reading by title only and set the next available Council meeting for second reading and adoption. ORDINANCE NO. 1552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND SUPERSEDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM. Fiscal Impact: There is no direct fiscal impact associated with this item. October 01, 2024 Item # 12 Orange County Tustin City Council 670206ded01f60d85c524b7f
October 01, 2024 Item 13 13. AMENDMENT AND EXTENSION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH THE IRVINE COMPANY LLC FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 2B, 2C AND 8 Request for approval of an amendment and extension of the Exclusive Negotiating Agreement with The Irvine Company LLC to continue the negotiating period for the disposition and development of portions of Disposition Areas 2B, 2C and 8 at Tustin Legacy for a multifamily residential project until March 31, 2025, with one additional 90-day extension at the discretion of the City Manager. Recommendation: Authorize the City Manager to execute an amendment to the Exclusive Negotiating Agreement with The Irvine Company LLC, approving an extension of the Exclusive Negotiating Agreement until March 31, 2025, with one additional 90-day extension at the discretion of the City Manager subject to non-substantive additions or modifications as may be deemed necessary and/or recommended by the City’s special real estate counsel or the City Attorney prior to the end of the Exclusive Negotiating Agreement Negotiating Period.Fiscal Impact: There is no fee associated with the Exclusive Negotiating Agreement amendment or extension. The Irvine Company LLC has a deposit account with the City that will continue to fund the City transaction expenses incurred by staff and third-party consultants including the retention of legal counsel associated with the negotiation and drafting of the Disposition and Development Agreement and related agreements. October 01, 2024 Item # 13 Orange County Tustin City Council 670206ded01f60d85c524b7c
October 01, 2024 Item 14 14. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES Adoption of the attached Resolutions will authorize terms and conditions of employment for unrepresented Executive Management, Management, Supervisory, and Confidential employees in accordance with City Council direction. Recommendation:  Adopt Resolution No. 24-72 and Resolution No. 24-73 to amend the City's Classification and Compensation Plans for unrepresented Executive Management, Management, Supervisory, and Confidential employees. RESOLUTION NO. 24-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 24-49 RESOLUTION NO. 24-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY AND CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 21-82 Fiscal Impact: The provisions of these Resolutions will result in an additional cost of approximately $321,962 in Fiscal Year 2024-25. By FY 2026-27, the additional ongoing cost to the City is estimated to be $1,371,073 per year. Staff is not requesting any supplemental budget appropriations associated with these Resolutions at this time; any supplemental appropriations will be incorporated with the mid-year budget review, which will be presented to the City Council in February 2025. October 01, 2024 Item # 14 Orange County Tustin City Council 670206ded01f60d85c524b78
October 01, 2024 Item 15 15. AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF KEN NISHIKAWA Adoption of the attached Resolution will authorize the City to employ Ken Nishikawa on a temporary part-time basis in the retired annuitant position of Deputy Director of Public Works - Engineering sooner than 180 days after his upcoming retirement. Recommendation:  Adopt Resolution No. 24-71 authorizing the City to employ Ken Nishikawa on a temporary part-time basis in the retired annuitant position of Deputy Director of Public Works - Engineering shortly after his retirement. RESOLUTION NO. 24-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF KEN NISHIKAWA SOONER THAN 180 DAYS AFTER RETIREMENT Fiscal Impact: Authorization of this position will result in a cost of up to approximately $93,000 on an annualized basis. Staff is not requesting any supplemental budget appropriations associated with this action at this time; any supplemental appropriations will be incorporated with the mid-year budget review, which will be presented to the City Council in February 2025. October 01, 2024 Item # 15 Orange County Tustin City Council 670206ded01f60d85c524b75
October 01, 2024 Item 16 16. OCTOBER 2024 SUMMARY OF PROJECTS The report summarizes Community Development Department’s programs and activities conducted from January to September 2024.  The report highlights activities under the following categories: * Current Planning - Industrial, commercial, mixed-use, and residential development and projects under review.  * Advance Planning - General Plan and code amendments, historic preservation, and Community Development Block Grant activities. Recommendation: That the City Council receive and file the report. Fiscal Impact: There is no fiscal impact associated with this item. October 01, 2024 Item # 16 Orange County Tustin City Council 670206ded01f60d85c524b72
October 01, 2024 Item 3 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation:  It is recommended that the City Council approve Payroll in the amount of $1,011,030.16 and Demands in the amount of $3,122,537.40. October 01, 2024 Item # 3 Orange County Tustin City Council 670206ded01f60d85c524b6c
October 01, 2024 Item 4 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1543 (CODE AMENDMENT 2024-0004) - UPDATES RELATIVE TO THE IMPLEMENTATION OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT Adoption of Ordinance No. 1543 will amend various sections of Article 9 (Land Use) of the Tustin City Code by implementing Program 1.5(a) and Program 2.1(a) of the City’s adopted Housing Element of the General Plan: • Program 1.5(a) - Streamlines the requirements for triplexes in the R-2 and R-3 zones and for residential uses Citywide in all zones by removing the Conditional Use Permit requirements. • Program 2.1(a) - Adds definitions for transitional and supportive housing and consider transitional and supportive housing to be a residential use and explicitly permits them subject only to those zoning regulations that apply to other residential dwellings of the same type in the same zone as required by AB 2162. Recommendation:  That the City Council have second reading by title only and adoption of Ordinance No. 1543. ORDINANCE NO. 1543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1543, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 2024-0004) Fiscal Impact: There is no fiscal impact associated with this item. October 01, 2024 Item # 4 Orange County Tustin City Council 670206ded01f60d85c524b71
October 01, 2024 Item 5 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND RECYCLING PROGRAM REQUIREMENTS Adoption of Ordinance No. 1546 amends Section 4351 of the Tustin City Code to simplify the collection of deposits associated with the City’s Waste Reduction and Recycling Program for construction and demolition debris. Recommendation:  That the City Council have second reading by title only and adoption of Ordinance No. 1546. ORDINANCE NO. 1546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4, CHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING WASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN THE CITY Fiscal Impact: There is no fiscal impact associated with this item. October 01, 2024 Item # 5 Orange County Tustin City Council 670206ded01f60d85c524b70
October 01, 2024 Item 6 6. 2024 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED POSITIONS) Biennially the City is required to review the list of designated positions in the Conflict of Interest Code. Staff recommends the following changes to the list of designated filers: Additions: Deputy City Manager - Real Property (City Manager’s Office) Plans Examiner (Community Development) Deputy Director of Real Property (City Manager’s Office) Real Property Manager (City Manager’s Office) Senior Information Technology Specialist (Finance) Human Resources Manager (Human Resources) Director of Public Works (Public Works) Deletions: Deputy City Manager (City Manager’s Office) Director of Economic Development (Economic Development) Economic Development and Housing Manager (Economic Development) Senior Management Analyst (Human Resources) Recreation Superintendent (Parks and Recreation) Behavioral Health Bureau Commander (Police Department) Director of Public Works / City Engineer (Public Works) Recommendation:  It is recommended that the City Council adopt Resolution No. 24-63. RESOLUTION NO. 24-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO. 22-45 Fiscal Impact: There is no fiscal impact associated with this item. October 01, 2024 Item # 6 Orange County Tustin City Council 670206ded01f60d85c524b6e
October 01, 2024 Item 7 7. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBERS 430-371-27, 430-371-29, 430-371-30, 430-371- 31, 430-371-33, 430-381-65, 430-381-67, 430-381-74 AND 430-381-95 AS SURPLUS LAND Resolution 24-68 will declare Assessor’s Parcel Numbers 430-371-27, 430-371-29, 430-371-30, 430-371-31, 430-371-33, 430-381-65, 430-381- 67, 430-381-74 and 430-381-95 as surplus land pursuant to California Government Code Section 54221. Recommendation:  It is recommended that the City Council take the following actions: 1. Adopt Resolution 24-68: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBERS 430-371-27, 430-371-29, 430-371-30, 430-371- 31, 430-371-33, 430-381-65, 430-381-67, 430-381-74 AND 430-381-95 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-68 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. October 01, 2024 Item # 7 Orange County Tustin City Council 670206ded01f60d85c524b6f
October 01, 2024 Item 8 8. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBERS 430-481-07, 430-481-08, 430-481-09, 430-481- 10 AND 430-481-11 AS SURPLUS LAND Resolution 24-69 will declare Assessor’s Parcel Numbers 430-481-07, 430- 481-08, 430-481-09, 430-481-10 and 430-481-11 as surplus land pursuant to California Government Code Section 54221. Recommendation:  It is recommended that the City Council take the following actions: 1. Adopt Resolution 24-69: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBERS 430-481-07, 430-481-08, 430-481-09, 430-481- 10 AND 430-481-11 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-69 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. October 01, 2024 Item # 8 Orange County Tustin City Council 670206ded01f60d85c524b74
October 01, 2024 Item 9 9. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBER 401-583-01 AS SURPLUS LAND Resolution 24-70 will declare Assessor’s Parcel Number 401-583-01 as surplus land  pursuant to California Government Code Section 54221. Recommendation:  It is recommended that the City Council take the following actions: 1. Adopt Resolution 24-70: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 401-583-01 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-70 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. October 01, 2024 Item # 9 Orange County Tustin City Council 670206ded01f60d85c524b73